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2oo9o7iio <br />sum of One Hundred Twenty Five Thousand Dollars ($125,000.00), and <br />interest, as evidenced by a promissory note bearing even date <br />(hereinafter called "the note"), at the rate(s) of interest thereon, and <br />other amounts which may hereafter be paid or advanced under the terms of <br />this Deed of Trust; bath the principal sum and interest thereon being <br />payable according to terms set forth in the note, reference to which is <br />hereby made, at the address of the Beneficiary or at such other place as <br />the holder of the note may designate in writing; the final payment of <br />principal and interest payable under the note, if not sooner paid, is <br />due and payable on demand. <br />Trustor and Beneficiary covenant and agree as follows: <br />1. warrant of Title - Trustor is <br />lawfully seized of the Property, and has <br />good right and lawful authority to sell <br />and convey the Property; the Property is <br />free and clear of all liens and <br />encumbrances except liens now of record; <br />and Trustor will warrant and defend the <br />title to the Property unto the Trustee <br />and its successors and assigns forever, <br />against the claims of all persons. <br />Trustor, at Trustor's expense, will <br />maintain and preserve the lien of this <br />Deed of Trust as a lien upon the <br />Property subject only to encumbrances <br />existing as of the date hereof, will <br />cause this Deed of Trust, and each <br />amendment or supplement thereto, to be <br />filed and recorded as a conveyance of <br />the Property in such manner and in such <br />place, and will take such other action <br />as in the opinion of Beneficiary may be <br />required by any present or future law in <br />order to perfect, maintain and protect <br />the lien of this Deed of Trust, as the <br />same may be from time to time amended or <br />supplemented. <br />2. Pa eat of Princi al and Interest - <br />Trustor shall punctually pay the <br />principal of, and interest on, the note, <br />including any advances thereto as <br />provided herein, on the dates, at the <br />place and in the manner provided therein <br />and will punctually perform all <br />agreements, conditions and provisions of <br />any and all other security instruments <br />given in connection with this <br />transaction. <br />3. Preservation aad Maintenance of <br />Property - Trustor will not commit or <br />allow any waste upon the Property and <br />will, at all times, maintain the same in <br />good order and condition and will make, <br />from time to time, all repairs, <br />renewals, replacements, additions and <br />improvements which are reasonably <br />required to prevent waste, impairment or <br />deterioration of the Property. No <br />building or improvements now or <br />hereafter erected upon the Property <br />shall be altered, removed or demolished <br />without the prior written consent of the <br />Beneficiary. Beneficiary, or <br />Beneficiary's agent(s), shall have the <br />right, at all reasonable times, to enter <br />upon the Property for the purposes of <br />inspection thereof without thereby <br />becoming liable to Trustor or any person <br />in possession holding under Trustor, <br />provided, however, Beneficiary shall <br />give Trustor notice prior to any such <br />inspection. <br />4. Damage to Property - In case of any <br />damage to, or destruction of, the <br />buildings, improvements or personal <br />property constituting part of the <br />Property, whether such loss is covered <br />by insurance or otherwise, Trustor, at <br />Trustor's sole cost and expense, will <br />promptly restore, repair, replace and <br />rebuild the same as nearly as <br />practicable to its condition immediately <br />prior to such damage or destruction or <br />with such changes and alterations as <br />Trustor may deem appropriate, provided <br />such changes and alterations do not <br />materially lessen the value and utility <br />of such buildings, improvements and <br />personalty from that existing <br />immediately prior to such damage or <br />destruction. <br />5. Tasurance - Trustor, at Trustor's <br />sole expense, will maintain with <br />insurers approved by Beneficiary, <br />insurance on the improvements and <br />personal property, if any, constituting <br />part of the Property against loss by <br />fire, lightning, tornado, and other <br />perils covered by standard extended <br />coverage endorsement, in an amount equal <br />to at least one hundred percent of the <br />full replacement value thereof; and <br />insurance against such other hazards and <br />in such amounts as Beneficiary may <br />require for its protection. Trustor <br />will comply with such other requirements <br />as Beneficiary may from time to time <br />request for the protection by insurance <br />of the interest of the respective <br />parties hereto. All insurance policies <br />maintained pursuant to this Deed of <br />Trust shall name Trustee and Beneficiary <br />as insureds, as their respective <br />interests may appear, and provide that <br />there shall be no cancellation or <br />Page 2 of 7 Pages <br />